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orbital fracture
07-02-2008, 05:09 PM
Post: #1
orbital fracture
I was injured last year from machine at work. I had face wounds, including orbital fracture. The next week a plastic surgeon put plates in my face in different spots. One is temporary, the others permanent. I contacted a wc lawyer then. The doctor said he wouldn't release me for a year. My lawyer said nothing could be done and to contact him when I was released. Two months after surgery, dr released me to go back to work. I was finally released in June. I contacted my lawyer then. I still have at least three outstanding bills amounting to around $1500 or so. One is er doctor, one is for eye doctor (I have some double vision) and one is for dentist (I had to have new teeth, due to wiring jaw shut during surgery). The lawyer sent me a settlement paper last week. He said he thought it was a good one. They offered me the same amount as another girl got for her carpal tunnel surgery on her wrists. It also said I am responsible for all my bills from now on and can not claim anything else in the future as regards to this accident. What gives! Does he really think this is good? My dr said if the plates start showing he can go in and remove the temp one. So what if that happens. I have to say the lawyer asked me if I was severely disfigured. I must say I'm not. The dr cut in the wrinkles of my eyes and with makeup most scars are covered. The whites of my eye shows a little more on the injured side than the other. However I have no full feeling in my check only tingling and he said I will probably never get that back. So my lawyer says he should go for disability not disfigurement. I also have double vision when I look striaight down. It was worse but is now only down looking. The eye doctor said it could be worse and I should be glad that's all I have. So there is no help there. Can't we do both since they both apply? The cold will both me on that check the rest of my life. Since I have signed papers with him, does that mean I have to stay with him even though he obviously isn't looking out for my best interests? So now what. Any suggestions. I have called him twice this week but both were after 3 pm and he was already out of the office. When I called his cell last time he said he didn't have facts in front of him, so call when I got the letter. I am getting extremely frustrated. Help please....
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07-02-2008, 05:36 PM
Post: #2
RE: orbital fracture
Gemini, it would help to know your State. You can modify your profile here to show your State.

Now here is why States are important, some States have what is called caps on Work Comp settlements. Some don't. Some use a rating system, where some don't. You settlement is based on your medical facts. That is going to be how your settlement comes into play. You don't have to accept the settlement offer. But, by Law, your Attorney must show you the settlement offer made. Your the boss, you hire the Attorney.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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07-02-2008, 08:44 PM
Post: #3
RE: orbital fracture
I am in Illinois. I know it is based on a percent of your salary. Your settlement is based on what % is disabled. I am 15%....which is the same as two wrists for carpal tunnel or a wrist and elbow. I just don't think they should be comparable.....
Bad Boy Bad Boy Wrote:Gemini, it would help to know your State. You can modify your profile here to show your State.

Now here is why States are important, some States have what is called caps on Work Comp settlements. Some don't. Some use a rating system, where some don't. You settlement is based on your medical facts. That is going to be how your settlement comes into play. You don't have to accept the settlement offer. But, by Law, your Attorney must show you the settlement offer made. Your the boss, you hire the Attorney.
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07-02-2008, 09:05 PM (This post was last modified: 07-02-2008 09:08 PM by WCisBS.)
Post: #4
RE: orbital fracture
no you can't get both impairment and disfigurement under illinois comp law.

"neck, arm, leg below the knee or the chest above the axillary line, the
employee is entitled to compensation for such disfigurement, the amount
determined by agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental injury,
which amount shall not exceed 150 weeks (if the accidental injury occurs
on or after the effective date of this amendatory Act of the 94th General
Assembly but before February 1, 2006) or 162 weeks (if the accidental
injury occurs on or after February 1, 2006) at the applicable rate provided
in subparagraph 2.1 of paragraph (b) of this Section.
No compensation is payable under this paragraph where compensation is
payable under paragraphs (d), (e) or (f) of this Section."

see pg 149 para 8( c )
http://www.iwcc.il.gov/act.pdf
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07-02-2008, 09:59 PM
Post: #5
RE: orbital fracture
Illinois;

I'm from Illinois also. But also, I must say, that your Attorney doesn't sound like to much of a worker to me yet. I'll look some things up, and come back tomorrow.

If you click on my screen name, you will see my profile. When there if you like to send me a Private message, then please do so.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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